insanity Flashcards
insanity
governed by the M’Naughten rules which provides a defence to those who commit a crime whilst suffering a malfunctioning of the mind
M’Naughten
suffered extreme paranoia, so tried to kill the Prime Minister but ended up killing the secretary
not guilty - due to his mental state. The HOL created the rules
- presume every man is sane
- establish they were suffering a defect or reason
- from a disease of the mind
- d didn’t know the nature and quality of the act
- he was unaware what he was doing was legally wrong
presumption
defendant is presumed to be sane and he must prove insanity
Defect of reason
- powers of reasoning are impaired
- if they fail to use their powers of reason this will not be DOR
- must amount to more than absent - mindedness forgetfulness or confusion
Clarke
supermarket and stole a jar of mincemeat - suffering from a absent mindedness due to diabetes and had no recollection
TJ - ruled insanity
COA - quashed conviction and held not guilty as she lacked mens rea
- defined DOR as a deprivation of powers not a failure to use them
Disease of the mind
can be a mental or physical disease …
epilepsy, sleepwalking, diabetes, brain injury, dissociation, psychosis and post traumatic stress
Kemp
defendant had anterisclerosis, harding of the arteries causing blackouts . During an episode d attacked his wife with a hammer causing serious injuries.
COA - NGRI as it was an internal condition
- defined DOM as ‘mental faculties of reason, memory and understanding are affected
insanity or automatism
CDT - continuing danger test, recurrence? one offs automatism
ECT - internal - insanity and external - automatism
Bratty
killed a young girl with her stockings during an epileptic seizure
held NGRI - Lord Denning created the CDT
Charlson
attacked and killed his son with a mallet - had a brain tumour
Automatism - the tumour was classed as a physical disease so not a DOM
Sullivan
attacked neighbour during an epileptic seizure
pleaded guilty to avoid the label of insanity but HOL upheld NGRI
Dissociation
causes the defendant to act in a trance like state which is usually triggered by a severe mental stress
Rabey
unrequited love so he hit her over the head with a rock
- pleaded automatism based on dissociation
- Supreme court of Canada - overturned it and held insanity
Stone
wife insulted him so he stabbed her 47 times
TJ - held insanity as it was a small trigger
R v T
d had been raped and days after she stabbed someone and robbed them
TJ - automatism
jury rejected it and convicted
Narbough
COA held there was no link between PTS and dissociation
Falconer
wife killed husband after years of sexual abuse to her and her daughters
automatism succeeded by dissociation and the significant trigger
Diabetes
hyperglycaemia - high bs - no insulin or not enough - internal=insanity
hypoglycaemia - low bs - too much insulin/ no food - external=automatism
Hennessy
took a vehicle without the owners consent - not taken his insulin for 3 days
internal so insanity
Quick
nurse attacked his patient - had insulin but ate very little after
pleaded guilty to avoid insanity
TJ - insanity
COA - automatism as it was external drugs taken
Burgess
attacked v with a wine bottle during their sleep
pleaded automatism
Lord Lane - held that sleepwalking was an abnormality due to an internal factor
held insanity
Parks
drove 15 miles whilst asleep to stab his mother in law and severely injure his father in law - under stress at work
automatism succeeded as it was an internal sleep disorder
Bilton
couple drinking in a bar and he raped her - he had a sleep disorder
automatism succeeded - internal
Thomas
gang tried assaulting an elderly couple giving the man night terrors causing him to kill his wife
prosecution withdrew so automatism succeeded
Nature and Quality
- understand the act
- why they are doing the act
Windle
killed his wife who constantly threatened suicide so gave her asprin
NGRI - as he knew what he was doing was legally wrong - N&Q understood
